Nomination

Theresa Margaret Dsouza (Querist) 29 March 2014 This query is : Resolved
Hello
I am Mrs D'Souza, My husband passed away on 13th March 2014. He was hospitalised for 48 days prior to his death. I thought nomination for his flat was not done. However while searching some documents I got duly signed nomination forms by my husband dated 28.12.2010 with two witnesses also duly signed. actually I forgot that this arrangement was done earlier and I forgot to submit the same to the Society. I got these duly signed nomination forms on 5th March and gave it the secretary on 6th March before death of husband and the same was discussed with two other committee members and it was approved and accepted with a note that this would be taken further in the next committee meeting. Yesterday was the committee meeting and the Chairperson did not accept the fact that the nomination was dated 28.12.2010 and they need to get advise from lawyer and previous committee members. kindly assist and advise if the 2010 nomination is valid in this scenario.
What are the society procedure thereafter...

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Kumar Doab (Expert) 29 March 2014
The Nomination was signed in life time of the owner and witnesses can vouch for it.

The nomination was not registered with society.

Therefore the society has only asked to seek legal opinion and discussion and refer to the society rules.

The day it was submitted to society the owner was very much alive.The papers were submitted to society during lifetime of owner that is your husband.

Wait for decision of society.

The nomination does not overrule and supersede succession.

You may also go thru Indian Succession Act....

Dr J C Vashista (Expert) 30 March 2014
The nomination executed by your husband is valid and will have to be accepted by MC

Sudhir Kumar, Advocate (Expert) 30 March 2014
agreed

Rajendra K Goyal (Expert) 30 March 2014
Agree with the advise of experts.

R.K Nanda (Expert) 30 March 2014
no more to add.

T. Kalaiselvan, Advocate (Expert) 30 March 2014
The nomination is valid because at the time of submission of the same to the society the deceased was very much alive and the society members have acknowledged the receipt of the nomination papers, therefore there is no need for dragging on the issue by complicating unnecessary issues.

Guest (Expert) 30 March 2014
The question is not whether the nomination is dated 28.12.2010 or not, but if submitted during the life time of your husband, the nomination should be treated as valid on the date of submission. The only thing that need be mentioned in the proceeding of the management committee is the date of receipt of nomination with proper verification about his being alive on that date.

If you have the approval and acceptance note of the committee members, that would be a sufficient proof of submission of the nomination.

malipeddi jaggarao (Expert) 31 March 2014
I agree with expert Mr.Kumar Doab.

V R SHROFF (Expert) 31 March 2014
Nomination submitted during lifetime, is valid..

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